744.5. In determining whether any of sections 741 to 743 and 744.2 apply to reduce a loss of a taxpayer from the disposition of a share, this Part shall be read without reference to paragraph b of sections 741.1, 741.3, 742.2, 742.3, 743.1, 744.2.1 and 744.2.2 and subparagraph i of subparagraph c of the third paragraph of sections 742 and 742.1 where(a) the disposition occurs, because of section 851.22.15, in a taxation year that includes 31 October 1994 or, because of paragraph b of section 851.22.23, after 30 October 1994; or
(b) the share was a mark-to-market property of the taxpayer for a taxation year that begins after 31 October 1994 in which the taxpayer was a financial institution.